(1) If there is not
sufficient provision in this Act for dealing with a transitional matter,
regulations under this Act may prescribe all matters that are required or
necessary or convenient to be prescribed for dealing with the matter.
(2) In subsection (1)
—
transitional matter —
(a)
means a matter that needs to be dealt with for the purpose of effecting the
transition from the provisions of the Commercial Arbitration Act 1985 to the
provisions of this Act; and
(b)
includes a saving or application matter.
(3) Regulations made
under subsection (1) may provide that specified provisions of a written law
—
(a) do
not apply to or in relation to any matter; or
(b)
apply with specified modifications to or in relation to any matter.
(4) If regulations
under subsection (1) provide that a specified state of affairs is taken to
have existed, or not to have existed, on and from a day that is earlier than
the day on which the regulations are published in the Gazette but not earlier
than the day this section comes into operation, the regulations have effect
according to their terms.
(5) In subsections (3)
and (4) —
specified means specified or described in the
regulations.
(6) If regulations
contain a provision referred to in subsection (4), the provision does not
operate so as —
(a) to
affect, in a manner prejudicial to any person (other than the State), the
rights of that person existing before the day of publication of those
regulations; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication of those regulations.
(7) Regulations made
under subsection (1) in relation to a matter referred to in subsection (3)
must be made within such period as is reasonably and practicably necessary to
deal with a transitional matter that arises as a result of the enactment of
this Act.